FILED: NEW YORK COUNTY CLERK 04/30/ :03 PM INDEX NO /2016 NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 04/30/2018

Transcription

1 1 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - CIVIL TERM - PART: X X 36 EAST 20TH STREET REALTY CO., LLC, 3 Plaintiff, 4 - against - 5 PAREA GROUP LLC and GEORGE PANTELIDIS, Defendants X X Ind. No.: Centre Street 7 New York, New York April 11, Before: HON. EILEEN BRANSTEN, 10 Justice 11 A P P E A R A N C E S: 12 BEDFORD SOUMAS LLP 112 Madison Avenue - 8th Floor 13 New York, New York BY: GREGORY C. SOUMAS, ESQ. 14 Attorney for the Plaintiff 15 LAW OFFICES OF HAGAN, COURY 6 ASSOCIATES 908 Fourth Avenue 16 Brooklyn, New York BY: WILLIAM J. COURY, ESQ. 17 Attorney for the Defendants 18 ALSO: 19 LAW OFFICE OF MARK KRASSNER 377 Broadway 20 New York, New York BY: MARK KRASSNER, ESQ. 22 Michael Barfield 23 Official Court Reporter of 45

2 2 1 THE COURT: Set up on 36 East 20th Street 2 Realty Company. 3 MR. SOUMAS: Good morning, your Honor. 4 MR. COURY: Good morning, your Honor. 5 THE COURT: 36 East 20th Street Realty 6 Company, LLC, I have from the Bedford Soumas LLP firm, 7 I have Gregory Soumas. 8 How are you this morning? 9 Then for Parea Group LLC and George 10 Pantelidis, I have from the Law Offices of Hagan, Coury 11 & Associates, I have William Coury. 12 How are you? 13 MR. COURY: Good morning, your Honor. 14 THE COURT: Good morning. 15 I have a letter. 16 I did receive a letter from Mr. Soumas on 17 March 29, I believe it was e-filed. Am I 18 correct? 19 MR. SOUMAS: Yes, your Honor. 20 THE COURT: All right. 21 I didn't receive a response to that. 22 The big question is, was the deposition of 23 Brian Galligan actually taken? 24 MR. COURY: It was not, your Honor. 25 What happened here is Nr. Krassner, who wa.s 2 of 45

3 3 1 here the last time, who filed a motion on behalf of the 2 management company, of which Brian Galligan is the 3 principal, after your last court order I contacted Mr. 4 Krassner and asked him to produce Mr. Galligan. He 5 says he won't produce him without a subpoena. 6 I served a subpoena on Mr. Krassner, which he 7 graciously agreed to accept by , and I still got 8 an objection letter on technical grounds. 9 I have no indication that he will agree to 10 produce Mr. Galligan. 11 THE COURT: Didn't I order Mr. Galligan's deposition' 12 deposition? 13 MR. SOUMA5: Yes, you did, your Honor. 14 And your order in the transcript was e-filed 15 by me personally and 1 actually brought a copy with me 16 today, It is e-filed as document number MR. COURY: Your Honor, so the Court 18 understands, to refresh the Court's recollection, we 19 have a management company, professional management 20 company who manages the restaurant. Mr. Krassner 21 represents that managing company. He filed a 22 protective order on the documents and appeared last 23 time in court. 24 THE COURT: I didn't grant the protective 25 order. 3 of 45

4 4 1 MR. COURY: We produced the documents, which 2 we never had a problem doing. 3 We took two depositions of the two people we 4 control, which is George Pantelidis's brother Jimmy and 5 his other brother Peter. 6 Mr. Krassner won't produce Mr. Galligan. 7 THE COURT: It is not up to him to produce or 8 not to produce. It is up to me to order him to obey. 9 MR. COURY: I agree with you 100%. I am not 10 arguing. I am just telling you what happened. 11 I asked him to produce him, He said he 12 wouldn't. He said serve the subpoena, so I served the 13 subpoena. 14 I had noticed it for the 23rd only because of 15 the statute. 16 He is here today. I asked him is he going to 17 produce him. I don't have an answer. 18 THE COURT: Is he an attorney at law? 19 MR. COURY: Absolutely. He is the one who 20 filed THE COURT: Does he want to be held in 22 contempt? 23 MR. COURY: You can ask him. 24 It is a deposition. I don't understand what 25 the problem is. 4 of 45

5 5 1 THE COURT: Sir, please identify yourself for ( 2 the record. 3 MR. KRASSNER: Yes.. 4 Mark Krassner -- 5 THE COURT: Do you have two cards? 6 MR. KRASSNER: Yes. 7 (Handing.) 8 THE COURT: This is Mark Krassner from the 9 Law Offices of Mark Krassner. He says he is a member 10 of both the New Jersey and New York Bar. His New 11 Jersey address is 118 Prospect Street, Suite 3, 12 Ridgewood, New Jersey ~»~ ~» 4-13 A ~~ His supposed city ~ 44- ~ office is ' 377 Broadway. 14 What Suite? 15 MR. KRASSNER: 6th floor. 16 THE COURT: What firm do you belong to? 17 MR. KRASSNER: Single practitioner. 18 THE COURT: Do you own the entire 6th floor? 19 MR. KRASSNER: No, I have space with another 20 firm. 21 THE COURT: So what's the firm's name. 22 MR. KRASSNER: I have space with Borah 23 Goldstein's office. 24 THE COURT: Okay. At New York, New York of 45

6 6 1 Do you have a telephone number there? 2 MR. KRASSNER: Of course , 3 extension THE COURT: what's the last one? 5 MR. KRASSNER: 1300, extension THE COURT: It is not on your card. 7 MR. KRASSNER: Phone number is not there? 8 THE COURT: No, it is not. 9 MR. KRASSNER: There is a 201 number there. 10 THE COURT: Which indicates that you live in 11 New Jersey. 12 That's a New Jersey number, right? 13 MR. KRASSNER: Yes. That's my cell phone. I 14 go back and forth between the offices. 15 THE COURT: Well, you are a member of the New 16 York State Bar; am I correct? 17 MR. KRASSNER: Of course. 18 THE COURT: You did read my order the last 19 time we were here saying basically that Mr. Brian 20 Galligan was to submit to a deposition? 21 MR. KRASSNER: Your Honor, first of all, I 22 came today as a courtesy to the Court because you may 23 have questions of me. 24 Firstly, number two, I would never disobey a 25 Court order. I have never disobeyed a Court order. 6 of 45

7 7 1 That's why I came today, although I am not an attorney 2 of record, as a courtesy to Court and counsel. 3 Mr. Galligan has told me he is not an 4 employee of Parea, Mr. Coury doesn't control him, 5 Last time we were in court you didn't order 6 Brian Galligan to show up. What the Court did was you 7 directed the production of the Management Agreement and 8 license agreement, which was done by Mr. Coury, of 9 course. And you told Mr. Soumas, after you get the 10 documents, you know, if you want Mr. Galligan, as far 11 as the Court is concerned he signed a check and he is a 12 proper witness. That's what the Court said. t- nnt- 13 There wasn't an order per se against Mr. 14 Galligan. 15 Mr. Galligan wasn't even a party to the 16 action. I don't want to split hairs here, but Mr. 17 Galligan, you know, is not really a party. 1 do speak 18 to him. 19 However, judging from this Court's demeanor, 20 and what I expect the Court to order, if you are 21 telling me to direct Mr. Galligan to appear, I will do 22 so. 23 But 1 don't think there is a court order 24 against him. As a matter of fact, on page 4 of the 25 transcript, I believe you said if there is a question 7 of 45

8 8 1 about this you can contact chambers with a short 2 letter. 3 1 was not under the impression that there was 4 a Court order directing Mr. Galligan to appear. Had 5 there been a Court order I would have told -- advised 6 him what to do. 7 I am the attorney. I don't control what the 8 client does. But I want to make clear that I am not 9 trying to play fast and loose with this Court. 10 I appeared for the non-party witnesses and 11 that was my scope of representation. 12 MR. SOUMAS: May 1 respond to that, your 13 Honor? 14 THE COURT: Yes. 15 MR. SOUMAS: That's just not true. 16 Your Honor did in fact order Mr. Galligan to 17 appear. 18 Not only in my opinion is he subject to the 19 jurisdiction of the Court by virtue of the fact that 20 Mr. Krassner appeared and moved the Court for relief 21 based upon various factors, that entity is here. Its 22 employees are here. But most importantly, if you 23 recall, and I e-filed it just to make sure it was part 24 of the record, Mr. Galligan is signing checks on behalf 25 of Parea LLC. If he is not an employee, let him 8 of 45

9 9 1 explain why. But even Mr. Coury said he believed it to 2 be true and he was aware of that check. 3 That check was in fact e-filed at the exact 4 same time to prove that Mr. Galligan is an employee of 5 Parea Group LLC. 6 It completely lacks any credibility for 7 anybody to claim they didn't know. Because assuming 8 for the sake of argument that that check hadn't been 9 signed, that meant that Parea Group LLC wasn't paying 10 its rent. That was a rent check. 11 So Mr. Galligan lacks credibility entirely. 12 As I said, I e-filed your order and I was actually 13 reviewing it when Mr. Krassner was speaking. I haven't 14 found the particular sentence. 15 Your Honor did order Mr. Galligan to appear 16 for a deposition. 17 MR. COURY: Your Honor, may I respond very 18 quickly? 19 Clearly, Mr. Galligan on behalf of the 20 management company by filing a motion submitted 21 themselves to this Court, its jurisdiction. 22 Second thing, he is not an employee pursuant 23 to Paragraph 5.3 of the Management Agreement. The 24 management company is given authority to sign checks on 25 behalf of the company; just like a managing agent for a 9 of 45

10 10 1 building, just like a managing agent for an artist. 2 They manage the business and they are given the 3 authority to sign the check. It doesn't make them an 4 employee.. 5 If they were employee -- in fact, we did two 6 depositions after the last time you were here, the two 7 other brothers, two other Pantelidis. Peter testified 8 there were no employees. 9 If Mr. Galligan was an employee of Parea, 10 which he is not, I would have made sure he was 11 produced. Okay? 12 He was -- Mr. Galligan was a person who 13 signed the management contract on behalf of the 14 management company. So after that document was 15 produced I went to Mr. Krassner and, as I expressed to 16 the Court, I asked him nicely. He said serve me a 17 subpoena. I served a subpoena. 18 I and my client did everything possible to 19 have this gentleman produced. 20 By the way, this check is from 2017, your 21 Honor. I just found out about it when Mr. Soumas 22 produced it. I just want to let you know THE COURT: The subpoena that you sent to Mr. 24 Krassner, was it an attorney subpoena saying you wished 25 to have a deposition of'? 10 of 45

11 NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 04/30/ Did you receive that subpoena? 2 MR. KRASSNER: I accepted service. The 3 return date hasn't come yet. It is April 24th. 4 MR. COURY: I had to notify it for the 24th. 5 I would have done it before the court date but the 6 statute doesn't permit me to. If everybody wants to do 7 it sooner, that's fine with me. 8 I have no problem with the deposition of Mr. 9 Galligan. I just don't have control over him, I have 10 done everything possible. 11 MR. KRASSNER: Your Honor, I will represent 12 to the Court that to the extent I have influence over 13 him I will advise him to appear for the deposition on 14 or before the 24th. Even though technically he may 15 have reasons not to, I think at this point the cost to 16 everybody and to the Court's time, it probably is not 17 justified. That's why I came down here as a courtesy 18 to the Court. 19 But I will tell Mr. Galligan. I am pretty 20 confident he will listen to me after this court 21 appearance, to appear THE COURT: When do you want to do the 23 deposition? 24 MR. SOUMAS: As soon as possible. 25 But may I respond? Because they sa.id a lot. 11 of 45

12 12 1 THE COURT: Yes. 2 MR. SOUMAS: You will see e-filed as document 3 number 84, at page 18, the Court, you, your Honor, 4 ordered Mr. Galligan to appear. 5 THE COURT: Read it to me. 6 What date is that? 7 MR. SOUMAS: March 2nd, your Honor. 8 MR. COURY: March 2nd, your Honor. 9 THE COURT: I don't have that deposition. I 10 don't have that transcript. 11 MR. COURY: Your Honor, I have a full copy, 12 if you would like it. 13 MR. SOUMAS: I have a full copy. The page is 14 circled. 15 THE COURT: Indeed it is received by NYSEF, 16 document number 84, on March 14, This is at page 18? 18 MR. SOUMAS: If I may, your Honor, there is 19 colloquy, and then a couple of pages prior to that 20 leading up to the Court's order. 21 THE COURT: I am looking for actually the 22 line that I actually order it. 23 MR. KRASSNER: Your Honor, page 15, you do 24 mention, as I mentioned, that "after I see the / 25 documents they may do depositions". 12 of 45

13 13 1 MR. COURY: Your Honor, however, if Mr. 2 Krassner is agreeing to produce him, let's get it done. 3 THE COURT: What about tomorrow? What's 4 wrong with tomorrow? 5 Go outside, call up your client, tell him -- 6 Can you arrange it for tomorrow, Mr. Soumas? 7 MR. SOUMAS: Yes, your Honor. 8 THE COURT: Okay. So what time would you 9 like it? In your office? 10 MR. SOUMAS: My office. I have the entire 11 day free. 12 May I respond briefly? 13 THE COURT: Yes. 14 MR. SOUMAS: I requested the deposition not 15 only of Brian Galligan but of Steven Raia, who is a 16 member of the Parea Group LLC. He simply failed to 17 appear. Mr. Galligan simply failed to appear. And 18 there was a third person, Jerry Katzoff, who simply 19 failed to appear. 20 THE COURT: This is ending. This is ending. 21 MR. COURY: We have seven depositions al 22 ready. I have no problem with Galligan, but after a 23 while -- I produced George Pantelidis, James 24 Pantelidis, Peter Pantelidis, the chef, the manager. I 25 have al ready produced seven people. The law doesn' t 13 of 45

14 14 1 even require me to do that, but we produced them and 2 all the questions were answered. 3 I have no problem with Mr. Galligan, but 4 let's end this. 5 MR. KRASSNER: Katzoff and Raia have nothing 6 to do -- Katzoff is the head of a -- it is a big chain. 7 Raia, I don't know who that is, maybe an investor. 8 THE COURT: Mr. Soumas has a right to have 9 broad depositions. I mean, that's 3001 of the CPLR. 10 And there is really very little -- even if it is 11 something that I would not permit at trial because it 12 is irrelevant or it is duplicative, he has a right to 13 have the depositions. You may not like it, the people 14 involved may not like it, but there is up to ten 15 depositions. 16 How many have you done so far? 17 MR. KRASSNER: Seven. 18 MR. COURY: Seven. 19 MR. SOUMAS: Seven sounds about right. 20 But if I may, I am sure Mr. Coury would like 21 to get this over with for the reason that there is not 22 enough evidence for me to go forward. He has limited 23 the evidence. 24 The complaint says they failed to vacate 25 certain space and there is a thousand dollars a day 14 of 45

15 NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 04/30/ based upon actual damages suffered by the plaintiff. 2 He has put in an affidavit saying his client 3 is running a restaurant, which we now know is not true. 4 So he is now limited by his affidavits. And there is a 5 clause in the lease that says if you sublease you have 6 to pay a 100,000 or 150,000 fee. We believe there has 7 been a sublease to this other entity represented by Mr. 8 Krassner. 9 So I am sure they want to limit the record as 10 much as possible. They don't want any more 11 depositions. Mr. Coury will stand up and say let's 12 just get this done. of course he wants to get it done. 13 He doesn't want me to find any legal evidence of a 14 sublease. 15 MR. COURY: If I MR. SOUMAS: Let me finish. I let you 17 finish. I never said a word. 18 I am sure if Mr. Galligan is deposed he is 19 going to say of course he is the subtenant, which is 20 why he is signing rent checks. 21 If I may, your Honor, now for the third time 22 I am asking the Court to extend the Note of Issue date. 23 I think they are simply stalling. 24 Again, this isn't the first time your Honor 25 has seen somebody trying to duck a deposition. Because 15 of 45

16 NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 04/30/ the Note of Issue date was backed up by the Court to 2 April 20th, and I now have to ask the Court again to 3 back that up because they are not going to show up by 4 April 20th. They are just not. I know it and you know 5 it. Honor' 6 MR. COURY: May I respond, your Honor? 7 Seven depositions. Okay? We are not trying 8 to limit the evidence. 9 A lot of things Mr. Soumas is saying is not 10 true. One of my witnesses who just testified 11 specifically testified that when he got the notice to 12 vacate he went down the basement. He measured it. We 13 produced competent evidence. 14 Mr. Soumas, if he believes he has a case for 15 sublease, he asked my client. Did you sublease it? My 16 client testified no. 17 He has the document. 18 What's happening here is an abuse of 19 discretion, okay? 20 Under the law, your Honor, a corporation 21 first has the obligation to produce somebody. If he 22 doesn't have knowledge, then they can produce the 23 second person. 24 After that, okay, according to the Appellate 25 Division cases, it is the other side's burden to prove 16 of 45

17 17 1 that it is necessary and can't be gotten from anybody 2 else. 3 THE COURT: Yes, but we are operating under 4 New York State Commercial Division Rules. We have 5 extended the entity deposition. If in fact somebody 6 has been brought in that does not know the information, 7 has no reason to know, was not properly versed in what 8 he was supposed to say as a representative of the 9 entity on a hearsay basis, then he is entitled to get 10 another person to do it. 11 MR. COURY: I agree. 12 MR. SOUMAS: If I may, your Honor? 13 MR. COURY: I didn't interrupt him. 14 MR. SOUMAS: He is making things up. He is 15 driving me nuts. 16 MR. COURY: So is Mr. Soumas. 17 Excuse me. Let me say this to you. 18 THE COURT: Enough, enough. 19 MR. COURY: I don't have control over Mr. 20 Galligan. My client doesn't have control over him. He 21 is the managing company. 22 THE COURT: Guess what? I consider that you 23 do. Because you are the person there and if somebody 24 is a managing company above, guess what? You better 25 get some relationship going. 17 of 45

18 NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 04/30/ MR. COURY: Well, he is here. 2 THE COURT: 1 am telling you that you are 3 part of this little thing, okay? 4 MR. KRASSNER: I am not the attorney of 5 record. Nonetheless, I will speak to Mr. Galligan in 6 the hallway. I will call him and I am confident he 7 will show up this week. I don't know his schedule. 8 I am in court tomorrow. 9 THE COURT: We have three other people. 10 Why do you need the three people? 11 MR. SOUMAS: I am glad you asked, your Honor. 12 If I may? Please indulge me. 13 Of the seven people al ready deposed, three 14 were the Pantelidis brothers -- James, Peter and George all of whom testified that they don't know anything. 16 They didn't recognize MR. COURY: That's not true, your Honor. 18 MR. SOUMAS: Let me finish. Then tell me I 19 am wrong. Let me finish and then tell me. 20 THE COURT: Make a note. 21 Let him finish. 22 Make a note. 23 MR. COURY: Fine. 24 MR. SOUMAS: They all testified that they 25 recognize the signatures but they don't remember 18 of 45

19 NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 04/30/ signing their signatures. They didn't remember the 2 managing agreement. They didn't remember the license 3 agreement. They didn't remember the lease. They 4 didn't know anything. Those were the three Pantelidis 5 brothers. 6 Nobody else has appeared for Parea. Other 7 people who appeared were all employees of Il Mulino, 8 which, really, we raised the argument that Mr. Galligan 9 is not going to show up because he is not a employee of 10 Parea group. 11 They all testified that I worked there. We 12 are all employees of the Il Mulino. I never heard of 13 Parea Group and they have no employees there. Which 14 really goes to the illegal sublet. 15 So I would like to get Mr. Galligan in 16 because he is an employee of Parea Group as evidenced 17 by the check that he signed for Parea Group, and I 18 e-filed here to prove to the Court that he was such an 19 employee. 20 I want to know what is his job responsibility 21 is. Did anybody ever tell him about the basement? And 22 if he is occupying the basement and nobody has ever 23 told him to vacate it, then there is evidence of 24 perjury before this Court because their affidavits are / 25 saying that, hey, we got the notice and we didn' t 19 of 45

20 20 1 surrender the space because we are running a business 2 there. 3 If this guy is saying I am the only occupant 4 and I am the agent of Parea Group and I am managing the 5 restaurant and nobody ever said a word to me, then 6 there is evidence of perjury before this Court. 7 MR. COURY: May I respond, your Honor? 8 Okay, there are certain factual -- first of 9 all, let me tell you who was deposed here. 10 George Pantelidis. 200 page deposition. He 11 testified. Most of the questions Mr. Soumas asked were 12 based on subleasing questions. 13 He didn't ask questions about the basement 14 and the diagram. Okay? 15 The next person that was deposed was Michael 16 Mazza. He is employed by the management company and Il 17 Mulino, executive chef. He trains people and he opens 18 and runs the various Il Mulino businesses, including 19 this operation. He testified to that under oath. 20 There is Wayne Lawrence, also an employee of 21 Il Mulino. He does day-to-day operation of the five 22 restaurants in New York. Also testified. 23 William Reed. He is the bookkeeper for Parea 24 and the financial comptroller of Parea. 25 At some point, at some point if 1 had control 20 of 45

21 21 1 over these people -- like Mr. Raia, he is an investor 2 in the corporation. 3 MR. KRASSNER: I don't know who he is. I 4 never spoke to him. 5 MR. COURY: Mr. Raia is an investor in the 6 corporation and he has -- I will represent to the Court 7 he has no knowledge. He is purely an investor of the 8 corporation. 9 THE COURT: What are the names of the 10 individuals that you want to have depositions? 11 MR. SOUMAS: Steven Raia, who, not 12 withstanding he is an investor, is a member of Parea 13 Group LLC. 14 MR. COURY: He has no knowledge. 15 MR. SOUMAS: Brian Galligan, Steven Raia and 16 Jerry Katzoff, 17 THE COURT: Those three people are to be 18 deposed. 19 MR. KRASSNER: Your Honor, they are not 20 parties. They are non-parties. 21 THE COURT: Guess what? 22 MR. KRASSNER: Katzoff and Raia have no THE COURT: What relationship does the third 24 person have to Parea? 25 MR. SOUNAS: Jerry Katzoff is a signatory on 21 of 45

22 22 1 the agreements to the Parea Group. 2 MR. COURY: No, he signs on behalf of the 3 management company. 4 THE COURT: Enough. 5 Guys, wake up. This is a court of law. 6 Don't -- until I talk to you, please don't. 7 I am talking to Mr. Soumas. 8 The last person you mentioned, what is his 9 relationship to Parea or George Pantelidis? 10 MR. SOUMAS: Mr. Katzoff is a signatory to 11 the Management Agreement with Parea Group and he is Mr he is an employee or member of Mr. Krassner's 13 client.. 14 MR. COURY: Your Honor, may I respond? 15 Inaccurate. I have the document before me. 16 This is the document that was produced to Mr. 17 Soumas. 18 Signature, right here on behalf of the 19 management company, is Brian Galligan. 20 I don't know who Mr. Katzoff is. He doesn't 21 sign a check. I have no idea who this guy is. 22 MR. SOUMAS: The check was e-filed. 23 MR. COURY: The check was signed by Brian 24 Galligan. 2S 25 MR. NR. KRASSNER: Let me produce Brian Galligan. 22 of 45

23 23 1 THE COURT: What number? 2 MR. SOUMAS: If I may, your Honor, I don't 3 know. But it was right about the same time as the 4 transcript. If it is not 83, it is THE COURT: Can you look it up? 6 MR. COURY: We all agree that the check was 7 signed by Galligan not by Katzoff. We agree to that. 8 MR. SOUMAS: They agree because they don't 9 want the Court to see it. They are trying to avoid the 10 truth. They are trying to avoid appearing. 11 THE COURT: Look. I need a date. 12 (Whereupon, a discussion is held off the 13 record.) 14 MR. SOUMAS: It was filed by me personally. 15 It would be under my name. 16 MR. COURY: I have a copy, your Honor. It is 17 not the best copy, though. It is a little hard to 18 read. It is a check from MR. KRASSNER: We agree it is not by Brian 20 Galligan, but Katzoff and Raia have nothing to do with 21 this. 22 THE COURT: Mr. Soumas, what do you want me 23 to see in this? 24 MR. SOUMAS: I'm sorry, your Honor. I 25 e-filed it and that's the best copy that there is, 23 of 45

24 24 1 although the original is better. 2 What that document is, and I e-filed it and I 3 will testify, is that it is a check drawn on the 4 account of Parea Group LLC and the signatory is Brian 5 Galligan. It was tendered -- 6 THE COURT: Nobody is disagreeing with you. 7 MR. KRASSNER: No one is disagreeing. 8 THE COURT: Galligan is definitely in. 9 The question is, you have two other people. 10 What connection do the two other people have to the 11 Parea Group LLC? 12 MR. SOUMAS: If I may, your Honor? 13 The first one is Steve Raia, a member of the 14 LLC. 15 I have now depositions of the three 16 Pantelidis brothers. Notwithstanding what Mr. Coury 17 has told you, the deposition transcripts will speak for 18 themselves that they have all testified that they only 19 go there for dinner and have never been in the 20 basement. If they had been in the basement, they have 21 no memory. 22 So the last person -- since the fifth person 23 was recently deceased, I want the last member of the 24 LLC to say he has never been there either. 25 MR. COURY: I will represent to the Court 24 of 45

25 25 1 THE COURT: Enough. Don't interrupt. I 2 can't get a record. 3 MR. COURY: I apologize, your Honor. 4 THE COURT: Just don't. Really. Sit down. 5 Both of you sit down. You can't talk until you stand 6 up. 7 MR. SOUMAS: So I would like the last member 8 of the LLC to testify he has never been there and he 9 has never told anybody at the management company to 10 surrender the premises. That's when I get back to this 11 evidence of the perjury before this Court. 12 As for the last one. Mr. Katzoff is an 13 employee of Mr. Krassner's client. He is not a member 14 of Parea Group. I leave that to your Honor to decide 15 what to do. 16 Having said all of that THE COURT: What do you expect Mr. Katzoff to 18 say? 19 MR. SOUMAS: I would like -- since he is in 20 fact a member of Mr. Krassner's client -- the corporate 21 name is not Il Mulino, it is something else -- I would 22 like to know whether or not there has been an illegal 23 sublet in violation of the lease. And $150, THE COURT: Why would Mr. Katzoff know that? 25 MR. SOUNAS: Given my experience there have 25 of 45

26 26 1 been conversations where Mr. Coury has offered to 2 simply tender to me the keys and surrender the 3 premises. The concern is that Mr. Krassner's client 4 will come back and sue an illegal lockout. The only 5 way you can sue an illegal lockout is if you have a 6 possessory interest. The only way you have a 7 possessory interest is if you are a subtenant in this 8 case. 9 I believe with all my heart, although I can't 10 prove it just yet, that there is an illegal. Sublet. 11 MR. KRASSNER: This is not a sublet case. It 12 is a basement case. It is not a sublet case. 13 Katzoff and Raia THE COURT: That's a good point. 15 The problem that I have is that the complaint 16 that I have before me on which you are doing the 17 discovery does not include the issue of the sublet. It 18 is non-existent. This is really a fishing expedition 19 at this point because you believe there is a sublet but 20 there is no allegations that you can look at and defend 21 against that would say that it is a sublet. That's the 22 problem. 23 So I think that Mr. Galligan should be 24 deposed. 25 I think the other person 26 of 45

27 27 1 MR. SOUMAS: Steven Raia. He is a member of 2 Parea Group LLC. 3 THE COURT: If he is a member then I would 4 allow it. 5 The third person, I think not. Okay? 6 MR. KRASSNER: Your Honor, Mr. Raia -- 7 MR. COURY: Your Honor, may I respond? 8 MR. KRASSNER: Mr. Raia, I have never spoken 9 to Mr. Raia. He is a non-party. 10 I am here -- so I can be clear, Mr. Raia is 11 unrepresented. I don't even know who he is. I am told 12 he is a silent investor. 13 THE COURT: It is up to Mr. Soumas to put out 14 a subpoena to get him to do it. 15 MR. KRASSNER: Exactly. We agree. 16 THE COURT: If he doesn't find him, he 17 doesn't find him. 18 MR. KRASSNER: If he subpoenas him, fine. 19 MR. COURY: I have no problem with the 20 deposition. Just let him serve the subpoena. That's 21 fine. 22 MR. KRASSNER: We agree. If he wants Raia 23 and Katzoff, let him subpoena them. Galligan I will 24 produce as a courtesy. THE 25 COURT: No, no. He is ordered to do, 27 of 45

28 28 1 okay? He is different. 2 MR. KRASSNER: Not a courtesy. 3 THE COURT: Not a courtesy. He has to do it. 4 MR. KRASSNER: Understood. I will be calling 5 in the hallway. 6 THE COURT: Why don't you call him right now 7 and find out when he is available. I want a date. 8 MR. KRASSNER: I am in court -- 9 THE COURT: Go outside. I will take a 10 five-minute recess. 11 (Whereupon, a recess was taken.) 12 THE COURT: What date is Mr. Galligan going 13 to be available? 14 MR. KRASSNER: Mr. Galligan will appear in 15 Mr. Soumas's office 2 p.m., Monday, April 16th, 2018, 16 ready to answer questions. 17 THE COURT: Are you going to be able to 18 complete him that day? 19 MR. SOUMAS: Yes, your Honor. 20 THE COURT: Okay. 21 MR. SOUMAS: We will go until finished. If 22 he tells me he has to leave at 3, I am going to MR. KRASSNER: Why does he bring up these problems' 24 problems? 25 NR. SOUNAS: How about 10:00? That way we 28 of 45

29 29 1 have the entire day. 2 THE COURT: I think it is much better we 3 start at MR. KRASSNER: Your Honor, I am in Bergen 5 County Family Court at 9:00. 2:00 will be more than 6 enough. 7 MR. SOUMAS: That is not more important than 8 you, your Honor. 9 MR. KRASSNER: Your Honor THE COURT: 10: MR. KRASSNER: Your Honor, it has to be 2: It is less than an hour. That's a ridiculous request. 13 Your Honor, I am otherwise engaged. 14 THE COURT: I don't think it is an hour 15 deposition. He has seven hours to complete it. 16 MR. KRASSNER: He is going to take less than 17 an hour, probably. 18 Greg, you are not going to take -- we will 19 stay through dinner. 20 I can't blow off this Bergen County case. 21 THE COURT: Where is he located? 22 MR. KRASSNER: Right here in Manhattan. 23 THE COURT: 10:00 in the morning. 24 MR. KRASSNER: Your Honor THE COURT: Enough. 29 of 45

30 30 1 MR. KRASSNER: Your Honor -- 2 THE COURT: That's my order. 3 MR. KRASSNER: Your Honor, 2:00 is more than 4 enough time for the deposition. 5 THE COURT: Look, I don't know -- 6 MR. KRASSNER: Greg, you are not going to 7 take all afternoon. 8 THE COURT: 10:00 is the usual time to start. 9 MR. SOUMAS: Based upon what you just said, I 10 don't trust you. 11 MR. KRASSNER: Greg, stop it. 12 MR. COURY: Why don't you guys work it out. 13 MR. KRASSNER: Your Honor, I have to tell 14 you, Mr. Soumas knows how long it is going to take. 15 I will come at 1: THE COURT: Make sure I get the record. 17 MR. KRASSNER: I will come 1:00 on Monday. 18 I can't blow off a Family Court case. My 19 client is handicapped. He is making arrangements. 20 MR. SOUMAS: I will agree to 1:00 if he 21 agrees to stay until I am done. 22 MR. KRASSNER: We will stay until he is done. 23 MR. SOUMAS: If he does what the Pantelidis 24 brothers did and says I don't know, I don't know, I 25 don't remember, then he is right, it will take an hour. 30 of 45

31 31 1 But if he actually remembers what happened, as a 2 regular business person, it is going to take more than 3 an hour and 10:00, I think, is appropriate. 4 However, as an accommodation to Mr. Krassner, 5 and just to stop the whining, I will agree if he will 6 agree to stay until I am done. 7 MR. KRASSNER: Agreed. 8 MR. COURY: No problem. 9 MR. KRASSNER: Agreed. 10 Thank you, your Honor. 11 THE COURT: All right. 12 MR. SOUMAS: Steven Raia. 13 THE COURT: When are you going to do that? 14 MR. COURY: He is subpoenaing him. 15 MR. SOUMAS: He is a member of the LLC. 16 THE COURT: Is he a member of the LLC? 17 MR. COURY: No, he is not. 18 THE COURT: He is not. 19 MR. COURY: He owns -- he has an interest in 20 an LLC that has an interest in the corporation. He is THE COURT: Produce him. 23 MR. COURY: I have no control over him. 24 I will subpoena him, your Honor, but here is 25 the issue. After seven depositions, when I have an 31 of 45

32 32 1 investor 1 have no control. 2 THE COURT: I am not rearguing it. I gave 3 you an order. I want it -- this is nonsense. 4 Who do you think you are? 5 MR. COURY: Your Honor, at least let me 6 subpoena him. 7 THE COURT: No. 8 MR. COURY: I will subpoena him. If he says 9 I can't show up? 10 THE COURT: I want to know the date that he 11 is going to appear. 12 Go outside, telephone him, find out. 13 MR. COURY: I don't have his phone number. I 14 don't even know who he is. 15 THE COURT: Call up somebody who does. 16 MR. KRASSNER: Your Honor, you said Katzoff 17 and Raia will not be deposed. You said that. You said 18 Raia and Katzoff have to be subpoenaed. 19 MR. SOUMAS: If I may, your Honor, I assume 20 that you said that based upon the lie that he is not a 21 member. 22 When I deposed the Pantelidis brothers on 23 April 5th they both said Steven Raia was a member of 24 the LLC. 25 I think for Mr. Coury to walk into court now 32 of 45

33 33 1 and say something to the opposite is inappropriate at 2 best. But the testimony of the Pantelidis brothers on 3 April 5th is that Steven Raia is a member of the LLC. 4 MR. COURY: Your Honor, in the colloquy we 5 had in court you asked Mr. Soumas, "Why do you need Mr. 6 Katzoff and Mr. Raia's deposition?" He went on about 7 the sublease issue. 8 The way I recall the record, you said this is 9 a fishing expedition. 10 I don't have control over him. If you want, 11 1 will subpoena him. I will do whatever, but I can't 12 produce him. 13 THE COURT: Sir, sir, sir. 14 Did the Pantelidis brothers say in response 15 - to a question that he was -- that Mr. Raia -- whatever 16 his name is -- is a member of the LLC? 17 MR. COURY: They did in fact say that. 18 THE COURT: Then it is your under your 19 control. Produce him. 20 MR. COURY: Do we want to extend the Note of 21 Issue date? 22 THE COURT: When is the Note of Issue date? 23 MR. SOUMAS: April 20th. 24 THE COURT: Two weeks. 25 MR. SOUMAS: Thank yau, your Hanor. 33 of 45

34 34 1 MR. COURY: Okay. 2 THE COURT: May 4th. 3 You have to do a writing on that. Signed by 4 both sides. 5 MR. COURY: Okay. 6 ********************************** 7 April 25, The above is certified to be a true and 10 9 accurate transcript of the proceedings..uv 11 MICHAEL BARFIELD of 45

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36 36 East 20 v Parea Page 2 arguing basement Borah 5: 31:2 20 4:10 16:12; 22 businesse chef 13: argument 19:21, both 5: a 20:18 24; 20: 9:8; 19: 22; 20: 10; 25: ; 24: 5; 32: C circled arrange 20; 26: 23; 34: :14 13:6 12 BRANSTEN call 13: city 5:13 arrangeme basically 1:18 5; 18:6; CIVIL 1:2 nts 30: 6:19 Brian 2: 28:6; claim 9:7 19 basis 17: 23; 3:2; 32:15 clause artist 9 6:19; 7: calling 15:5 10:1 BEDFORD 6; 13: 28:4 clear 8: ASSOCIATE 1:23; 2: 15; 21: came 6: 8; 27:10 S 1:29; 6 15; 22: 22; 7:1; Clearly 2:11 behalf 3: 19,23, 11:17 9:19 assume 1; 8:24; 25; 23: card 6:6 client 8: 32:19 9:19,25; 19; 24:4 cards 5:5 8; 10: assuming 10:13; briefly case 16: 18; 13: 9:7 22:2,18 13:12 14; 26: 5; 15:2; authority believe bring 28: 8,11,12; 16:15, 9:24; 2:17; 7: 23 29:20; 16; 17: 10:3 25; 15: broad 14: 30:18 20; 22: available 6; 26:9, 9 cases 16: 13; 25: 28:7,13 19 Broadway 25 13,20; Avenue 1: believed 1:38; 5: cell 6:13 26:3; 24,30 9:1 13 Centre 1: 30:19 avoid 23: believes Brooklyn 12 CO. 1:4 9,10 16:14 1:31 certain colloquy aware 9:2 belong 5: brother 14:25; 12:19; :4,5 20:8 33:4 B Bergen brothers certified come 11: :4,20 10:7; 34:8 3; 26:4; back 6: best 23: 18:14; chain 14: 30:15,17 14; 16: 17,25; 19:5; 6 Commercia 3; 25: 33:2 24:16; chambers 1 17:4 10; 26:4 better 30:24; 8:1 Company backed 17:24; 32:22; check 7: 2:2,6; 16:1 24:1; 33:2,14 11; 9:2, 3:2,19, Bar 5:10; 29:2 brought 3,8,10; 20,21; 6:16 between 3:15; 10:3,20; 9:20,24, Barfield 6:14 17:6 19:17; 25; 10: 1:44; big 2:22; building 22:21, 14; 17: 34:12 14:6 10:1 22,23; 21,24; based 8: blow 29: burden 23:6,18; 20:16; 21; 15: 20; 30: 16:25 24:3 22:3,19; 1; 20: 18 business checks 8: 25:9 12; 30:, bookkeepe 10:2; 24; 9: competent 9; 32:20 r 20:23 20:1; 24; 15: 16: of 45

37 36 East 20 v Parea Page 3 complaint 2S:20 13,16, 25:14 20:14 [ 14:24; corporati 19; 18: defend different 26:15 on 16: 1,17,23; 26:20 28:1 complete 20; 21: 20:7; Defendant dinner 28:18; 2,6,8; 21:5,14; a 1:10, 24:19; 29:15 31:20 22:2,14, 33 29:19 completel correct 23; 23: definitel direct 7: y 9:6 2:18; 6: 6,16; y 24:8 21 comptroll 16 24:16, demeanor directed er 20:24 cost 11: 25; 25: 7:19 7:7 concern 15 3; 26:1; deposed directing 26:3 COUNTY 1: 27:7,19; 15:18; 8:4 concerned 2; 29:5, 30:12; 18:13; disagreei 7: :8,14, 20:9,15; ng 24:6, confident couple 17,19, 21:18; 7 11:20; 12:19 23; 32: 26:24; discovery 18:6 course 6: 5,8,13, 32:17,22 26:17 connectio 2,17; 7: 25; 33: depositio discretio n 24:10 9; 15: 4,17,20; n 2:22; n 16:19 consider 12,19 34:1,5 3:12; 4: discussio 17:22 Court's CPLR 14:9 24; 6: n 23:12 contact 3:18; 7: credibili 20; 9: disobey 8:1 19; 11: ty 9:6, 16; 10: 6:24 contacted 16; 12: 11 25; 11: disobeyed 3: ,13,23; 6:25 contempt courtesy D 12:9; Division I 4:22 6:22; 7: :14; 16:25; contract 2; 11: damages 15:25; 17:4 10:13 17; 27: 15:1 17:5; document control 24; 28: date 11: 20:10; 3:16; 4:4; 7: 2,3 3,5; 12: 24:17; 10:14; 4; 8:7; COURY 1: 6; 15: 27:20; 12:2,16; 11:9; 29,32; 22; 16: 29:15; 16:17; 17:19, 2:4,10, 1; 28:7, 30:4; 22:15, 20; 20: 11,13, 12; 32: 33:6 16; 24:2 25; 31: 24; 3: 10; 33: depositio documents 23; 32: 17; 4:1, 21,22 ns 4:3; 3:22; 4: 1; 33: 9,19,23; date. 23: 10:6; 1; 7:10; 10,19 7:4,8; 11 12:25; 12:25 conversat 9:1,17; day 13: 13:21; doing 4: ions 26: 11:4; 11; 14: 14:9,13, 2; 26: :8,11; 25; 28: 15; 15: dollars copy 3: 131( ( ; 12: 14:18, day-to-da 7; 21: done 7:8; 11,13; 20; 15: y 20:21 10; 24: 11:5,10; 23:16, 11,15; deceased 15; 31: 13:2; 17,25 16:6; 24: :16; corporate 17:11, decide diagram 15:12; 3 37 of 45

38 36 East 20 v Parea Page 4 30:21, 10:8; 19:16 29:5; te 28:10 22; 31:6 19:7,12, exact 9:3 30:18 Floor 1: down 11: 13 Exactly far 7:10; 24; 5: 17; 16: end 14:4 27:15 14:16 15,18 12; 25: ending Excuse fast 8:9 forth 6: 4,5 13:20 17:17 fee 15:6 14 drawn 24: engaged executive fifth 24: forward 3 29:13 20: :22 driving enough expect 7: filed 3: found 9: 17:15 14:22; 20; 25: 1,21; 4: 14; 10: duck 15: 17:18; 17 20; 23: :4; expeditio 14 Fourth 1: duplicati 25:1; n 26:18; filing 9: 30 ve 14:12 29:6,25; 33:9 20 free 13: :4 experienc financial 11 E entire 5: e 25:25 20:24 full 12: ; 13: explain find 15: 11,13 e-filed 10; 29:1 9:1 13; 27: :17; 3: entirely expressed 16,17; G 14,16; 9:11 10: :7; 8:23; 9: entitled extend 32:12 Galligan 3,12; / / 17:9 15:22; fine 11: 2:23; 3: 12:2; entity 8: 33:20 7; 18: 2,4,10; 19:18; 21; 15: extended 23; 27: 4:6; 6: 22:22; 7; 17:5, 17:5 18,21 20; 7:3, 23:25; 9 extension finish 6,10,14, 24:2 ESQ. 1: 6:3,5 15:16, 15,17, EAST 1:4; 26,32,40 extent 17; 18: 21; 8:4, 2:1,5 even 7: 11:12 18,19,21 16,24; EILEEN 1: 15; 9:1; finished 9:4,11, 18 11:14; F 28:21 15,19; either :1,10; ( firm 2:6; 10:9,12; 24:24 27:11; fact 7: 5:16,20 11:9,19; 3:7 32:14 24; 8: firm's 5: 12:4; employed everybody 16,19; 21 13:15, 20:16 11:6,16 9:3; 10: first 6: 17,22; employee everythin 5; 17:5; 21; 15: 14:3; 7:4; 8: g 10:18; 25:20; 24; 16: 15:18; 25; 9:4, 11:10 33:17 21; 20: 17:20; 22; 10: evidence factors 8; 24:13 18:5; 4,5,9; 14:22, 8:21 Firstly 19:8,15; 19:9,16, 23; 15: factual 6:24 21:15; 19; 20: 13; 16: 20:8 fishing 22:19, 20; 22: 8,13; failed 26:18; 24,25; 12; 25: 19:23; 13:16, 33:9 23:7,20; 13 20:6; 17,19; five 20: 24:5,8; employees 25:11 14: :23; 8:22; evidenced Family five-minu 27:23; 4 38 of 45

39 36 East 20 v Parea Page 5 28:12,14 27:2 9:15,17; 21; 25: 32:1 Galligan' Guess 17: 10:21; 21 involved s 3:11 22,24; 11:11; illegal 14:14 gave 32:2 21:21 12:3,7, 19:14; irrelevan gentleman guy 20:3; 8,11,18, 25:22; t 14:12 10:19 22:21 23; 13: 26:4,5, isn't 15: GEORGE 1: Guys 22: 1,7; 15: ; 2:9; 5; 30:12 21,24; important Issue 15: 4:4; 13: :6,20; 29:7 22; 16: 23; 18: H 17:12; important 1; 26: 14; 20: :11, ly 8:22 17; 31: 10; 22:9 HAGAN 1: 17; 20: impressio 25; 33: given 9: 29; 2:10 7; 21: n 8:3 7,21,22 24; 10: hairs 7: 19; 22: Inaccurat ; 25: ; 23: e 22:15 J glad 18: hallway 2,16,24; inappropr :6; 24:12; iate 33: James 13: Goldstein 28:5 25:3,14; 1 23; 18: 's 5:23 handicapp 27:6,7; include 14 got 3:7; ed 30:19 28:19; 26:17 Jerry 13: 16:11; Handing. 29:4,8, including 18; 21: 19:25 5:7 9,11,13, 20:18 16,25 gotten happened 24; 30: Ind 1:12 Jersey 5: 17:1 2:25; 4: 1,3,13; Indeed 10,11, graciousl 10; 31:1 31:10, 12:15 12; 6: y 3:7 happening 24; 32: indicates 11,12 grant 3: 16:18 5,16,19; 6:10 Jimmy 4:4 24 hard 23: 33:4,25 indicatio job 19:20 Greg 29: 17 hour 29: n 3:9 judging 18; 30: head 14:6 12,14, individua 7:19 6,11 heard 19: 17; 30: 1s 21:10 jurisdict GREGORY 12 25; 31:3 indulge ion 8: 1:26; 2: hearsay hours 29: 18:12 19; 9: :9 15 influence Justice grounds heart 26: However 11:12 1:19 3:8 9 7:19; informati justified GROUP 1: held 4: 13:1; / on 17:6 11:17 9; 2:9; 21; 23: 31:4 interest :5,9; :6,7; K 13:16; him. 27: I 31:19, :10, interrupt Katzoff 13,16, HON 1:18 idea 22: 17:13; 13:18; 17; 20: Honor 2: 21 25:1 14:5,6; 4; 21: 3,4,13, identify investor 21:16, 13; 22: 19,24; 5:1 14:7; 22,25; 1,11; 3:13,17; Il 19:7, 21:1,5, 22:10, 24:4,11; 6:21; 8: 12; 20: 7,12; 20; 23: 25:14; 13,16; 16,18, 27:12; 7,20; 5 39 of 45

40 36 East 20 v Parea Page 6 25:12, 31:4,7, lie 32: :12; 17,24; 9; 32:16 limit 15: made 10: 22:12; Krassner' 26:13; 9; 16: :13, 27:23; s 22:12; limited Madison 23; 25: 32:16, 25:13, 14:22; 1:24 7,13,20; 18; 33:6 20; 26:3 15:4 manage 27:1,3; keys 26: line 12: 10:2 31:15, knowledge L 22 managemen 16; 32: :22; listen t 3:2, 21,23; 21:7,14 lacks 9: 11:20 19; 7:7; 33:3,16 knows 30: 6,11 little 9:20,23, memory 14 last 3:1, 14:10; 24; 10: 24:21 KRASSNER 3,22; 6: 18:3; 13,14; mention 1:37,40; 4,18; 7: 23:17 20:16; 12:24 2:25; 3: 5; 10:6; live 6:10 22:3,11, mentioned 4,6,20; 22:8; LLC 1:4, 19; 25:9 12:24; 4:6; 5: 24:22, 9; 2:6, manager 22:8 3,4,6,8, 23; 25: 9; 8:25; 13:24 Michael 9,15,17, 7,12 9:5,9; manages 1:44; 19,22; LAW 1:29, 13:16; 3:20 20:15; 6:2,5,7, 37; 2: 21:13; managing 34:12 9,13,17, 10; 4: 24:4,11, 3:21; 9: Monday 21; 8: 18; 5:9; 14,24; 25; 10: 28:15; 20; 9: 13:25; 25:8; 1; 17: 30:17 13; 10: 16:20; 27:2; 21,24; morning 15,24; 22:5 31:15, 19:2; 2:3,4,8, 11:2,11; Lawrence 16,20; 20:4 13,14; 12:23; 20:20 32:24; Manhattan 29:23 13:2; leading 33:3,16 29:22 most 8: 14:5,17; 12:20 LLP 1:23; many 14: 22; 20: 15:8; lease 15: 2: :4; 5; 19:3; located March 2: motion 3: 21:3,19, 25:23 29:21 17; 12: 1; 9:20 22; 22: least 32: lockout 7,8,16 moved 8 : 25; 23: 5 26:4,5 MARK 1: 20 19; 24: leave 25: long 30: 37,40; much 15: 7; 26: 14; 28: 14 5:4,8,9 10; 29:2 11; 27: 22 look 23: matter 7: Mulino 6,8,15, legal 15: 5,11; 24 19:7,12; 18,22; 13 26:20; Mazza 20: 20:17, 28:2,4, less 29: 30: ; 25: 8,14,23; 12,16 looking mean 14: :4,9, letter 2: 12:21 meant 9:9 Mulino. 11,16, 15,16; loose 8:9 measured 20:21 22,24; 3:8; 8:2 lot 11: 16: :1,3, license 25; 16:9 member 5: N 6,11,13, I I I 7:8; I 19: ; 6:15; 17 22' 2 M 13:16; name 5: 6 40 of 45

41 36 East 20 v Parea Page 7 21; 23: Note 15: 13:9,10; 16; 9: 3,13,17, 15; 25: 22; 16: 28:15 12,15; 23; 20: 21; 33: 1; 18: OFFICES 12:20, ,22; 1:29; 2: 22; 30: pages 12: names 21: 33:20,22 10; 5:9; 2; 32: nothing 6:14 ordered PANTELIDI necessary 14:5; Official 12:4; S 1:9; 17:1 23:20 1:45 27:25 2:10; need 18: notice Okay 5: original 10:7; 10; 23: 16:11; 24; 10: 24:1 13:23, 11; 33:5 19:25 11; 13: other 4: 24; 18: never 4: noticed 8; 16:7, 5; 10:7; 14; 19: 2; 6:24, 4:14 19,24; 15:7; 4; 20: 25; 15: notify 18:3; 16:25; 10; 22: 17; 19: 11:4 20:8,14; 18:9; 9; 24: 12; 21: Notwithst 27:5; 19:6; [ 16; 30: 4; 24: anding 28:1,20; 24:9,10; 23; 32: 19,24; 24:16 34:1,5 ( 26:25 22; ( 33: 25:8,9; number 3: one 4:19; otherwise 2,14 27:8 [ 16; 6:1, 6:4; 16: 29:13 Pantelidi NEW 1:1, 7,9,12, 10; 24: out 10: s's 4:4 2,13,25, 24; 12: 7,13; 21; 27: Paragraph 31,39; 3,16; 25:12 13; 28: 9:23 5:10,12, 23:1; only 4: 7; 30: PAREA 1: 24; 6: 32:13 14; 8: 12; 32: 9; 2:9; 11,12, nuts 17: 18; 13: 12 7:4; 8: 15; 17: 15 15; 20: outside 25; 9:5, 4; 20:22 NYSEF 12:. 3; 24: 13:5; 9; 10:9; next 20: 15 18; 26: 28:9; 13:16; ,6 32:12 19:6,10, nicely 0 opens 20: over 11: 13,16, 10: ,12; 17; 20: Nobody oath 20: operating 14:21; 4,23,24; 19:6,22; 19 17:3 17:19, 21:12, 20:5; obey 4:8 operation 20; 21: 24; 22: 24:6 objection 20:19,21 1; 31: 1,9,11; non-exist 3:8 opinion 23; 33: 24:4,11; ent 26: obligatio 8: :14; 18 n 16:21 opposite own 5:18 27:2 non-parti occupant 33:1 owns 31: PART 1:2; es 21:20 20:3 order 3: 19 8:23; non-party occupying 3,11,14, 18:3 8:10; 19:22 22,25; P particula 27:9 offered 4:8; 6: r 9:14 Nonethele 26:1 18,25; p.m. 28: parties ss 18:5 OFFICE 1: 7:5,13, 15 21:20 nonsense 37; 5: 20,23; page 7: party 7: 32:3 13,23; 8:4,5, 24; 12: 15,17 j 7 41 of 45

42 36 East 20 v Parea Page 8 pay 15:6 12; 22:6 33:12,19 9:18 2:16,21; paying 9: point 11: produced :1 9 15; 20: 4:1; 10: R received people 4: 25; 26: ,15, 12:15 3; 13: 14,19 19,22; Raia 13: recently 25; 14: possessor 13:23, 15; 14: 24:23 13; 18: y 26:6,7 25; 14: 5,7; 21: recess 9,10,13; possible 1; 16: 1,5,11, 28:10,11 19:7; 10:18; 13; 22: 15,22; recognize 20:17; 11:10, 16 23:20; 18:16,25 21:1,17; 24; 15: productio 24:13; recollect 24:9,10 10 n 7:7 26:13; ion 3:18 per 7:13 practitio professio 27:1,6, record 5: perjury ner 5:17 nal 3:19 8,9,10, 2; 7:2; 19:24; premises proper 7: 22; 31: 8:24; 20:6; 25:10; 12 12; 32: 15:9; 25:11 26:3 properly 17,18, 18:5; permit pretty 17:7 23; 33: 25:2; 11:6; 11:19 Prospect 3,15 30:16; 14:11 principal 5:11 Raia's 33:8 person 3:3 protectiv 33:6 record. 10:12; prior 12: e 3:22, raised 23:13 13:18; :8 Reed 20: 16:23; probably prove 9: read 6: 23 17:10, 11:16; 4; 16: 18; 12: refresh 23; 20: 29:17 25; 19: 5; 23:18 3:18 15; 21: problem 18; 26: ready 13: regular 24; 22: 4:2,25; 10 22,25; 31:2 8; 24: 11:8; purely 18:13; relations 22; 26: 13:22; 21:7 28:16 hip 17: 25; 27: 14:3; pursuant really 7: 25; 21: 5; 31:2 26:15, 9:22 17; 14: 23; 22:9 personall 22; 27: put 15:2; 10; 19: relief 8: y 3:15; 19; 31:8 27:13 8,14; 20 23:14 problems :4; remember Peter 4: 28:24 Q 26:18 18:25; 5; 10:7; proceedin REALTY 1: 19:1,2, 13:24; gs 34:9 [ question 4; 2:2,5 3; 30:25 18:14 produce 2:22; 7: rearguing remembers Phone 6: 3:4,5, [ 25; 24: 32:2 31:1 7,13; ~ 10; 4:6, 9; 33:15 reason rent 9: 32:13 7,8,11, questions 14:21; 10; 15: Plaintiff 17; 13: 6:23; 17:7 20 1:5,27; 2; 16: 14:2; reasons Reporter 15:1 21,22; 20:11, 11:15 1:45 play 8:9 22:25; 12,13; recall 8: represent please 5: 27:24; 28:16 23; 33:8 11:11; 1; 18: 31:22; quickly receive 21:6; 8 42 of 45

43 36 East 20 v Parea Page 9 24:25 15:3; seven 13: 15:23; 15,25; represent [ 20:1 21,25; 26:2 22:7,10, ation 8: runs 20: 14:17, since 24: 17,22; ,19; 22; 25: 23:2,8, represent :7; 19 14,22, ative S 18:13; Single 5: 24; 24: 17: :15; 17 12; 25: represent sake 9:8 31:25 Sir 5:1; 7,19,25; ed 15:7 same 9:4; short 8:1 33:13 27:1,13; represent 23:3 show 7:6; Sit 25:4, 28:19, s 3:21 saying 6: 16:3; 5 21,25; request 19; 10: 18:7; somebody 29:7; 29:12 24; 15: 19:9; 15:25; 30:9,14, requested 2; 16:9; 32:9 16:21; 20,23; 13:14 19:25; side's 17:5,23; 31:12, require 20:3 16:25 32:15 15; 32: 14:1 says 3:5; sides 34: something 19; 33: respond 5:9; 14: 4 14:11; 5,23,25 8:12; 9: 24; 15: sign 9: 25:21; Soumas's 17; 11: 5; 30: 24; 10: 33:1 28:15 25; 13: 24; 32:8 3; 22:21 soon 11: sounds 12; 16: schedule signatory 24 14:19 6; 20:7; 18:7 21:25; sooner space 5: 22:14; scope 8: 22:10; 11:7 19,22; 27: :4 sorry 23: 14:25; response se 7:13 Signature 24 20:1 2:21; Second 9: 22:18 SOUMAS 1: speaking 33:14 22; 16: signature 23,26; 9:13 responsib 23 s 18:25; 2:3,6,7, specifica ility see 12:2, 19:1 16,19; lly 16: 19:20 24; 23: signed 7: 3:13; 7: 11 restauran 9,23 11; 9:9; [ 9; 8:12, split 7: t 3:20; seen 15: 10:13; 15; 10: 16 15:3; 25 19:17; 21; 11: spoke 21: 20:5 sent 10: 22:23; 24; 12: 4 restauran 23 23:7; 2,7,13, spoken ts 20:22 sentence 34:3 18; 13: 27:8 return 9:14 signing 6,7,10, stalling 11:3 serve 4: 8:24; 14; 14: 15:23 reviewing 12; 10: 15:20; 8,19; stand 15: 9:13 16; 27: 19:1 15:16; 11; 25:5 Ridgewood 20 signs 22: 16:9,14; start 29: 5:12 served 3: 2 17:12, 3; 30:8 ridiculou 6; 4:12; silent 14,16; STATE 1: s 29:12 10:17 27:12 18:11, 1; 6:16; Rules 17: service simply 18,24; 17:4 4 11:2 13:16, 20:11; statute running Set 2:1 17,18; 21:11, / 4:15; 9 43 of 45